Judge strikes down Nebraska law through which the state approved the Keystone XL route

posted at 6:41 pm on February 19, 2014 by Erika Johnsen

Because the Obama administration really needed another justification for their interminable dithering on the Keystone XL pipeline — not to mention the eco-radicals grasping at everything and anything they can to court the success of their counterproductive crusade.

To review: Back in January of last year, the Nebraska Department of Environmental Quality finished their impact report on TransCanada’s amended proposal for the route the Keystone XL pipeline would take through their state (environmentalists had objected to an earlier version that would have routed the pipeline through the state’s ecologically sensitive Sand Hills region, and this new version proposed to curve around the area instead). The state agency’s report concluded that the pipeline extension would pose “minimal” risks to Nebraska’s environment, triggering a 30-day approval period for Gov. Dave Heineman to submit the final approval for the project to run through the state — which he promptly did. Now, however, a judge is insisting that the whole Department of Environmental Quality-to-governor approval process was never quite the proper and complete way to go about it.

First off, let’s get this out of the way:

Read: This is not a ruling on any of the pipeline’s merits, but rather on whether the decision went through all of the requisite administrative channels that had been passed into law the year before. On that score, the judge ruled that the governor’s decision was “based on an unconstitutional statute” and is “void on its face”:

Lancaster County District Judge Stephanie Stacy ruled Wednesday that the 2012 law improperly gave the governor authority to approve the pipeline route, said David Domina, an Omaha attorney who represented plaintiffs in the case. …

The judge said regulatory control over pipeline companies rests with the Nebraska Public Service Commission. She granted a permanent injunction to prevent Gov. Dave Heineman and the Nebraska Department of Environmental Quality from taking further action to advance the pipeline.

The ruling would appear to mean TransCanada, the company seeking to build the crude oil pipeline, will have to seek state approval again for its route.

“Under the court’s ruling, TransCanada has no approved route in Nebraska,” Domina said in a news release. “TransCanada is not authorized to condemn the property against Nebraska landowners. The pipeline project is at a standstill in this state.”

Which doesn’t mean that the pipeline won’t have a route through Nebraska, but simply that TransCanada is probably going to have to go through another round of state-approval processing — and you know the eco-radicals are going to desperately, ferociously lobby to drag out this new opportunity for delay as long as they can manage. Good grief.

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Someday, somebody with the means and the drive is going to come to the conclusion that a bullet is a very cheap way to make an example of what can happen to corrupt judges. When that happens, the gun grabbers in Congress will go wild. And it most likely will happen if this kind of behavior continues.

Apparently, that judge needs some pipe laid where it can do the most good. This line will die the death of a thousand legal/bureaucratic cuts, O’ will sigh great relief, the nation will slog along and the Canadians will sell their oil to China. The Eco-Nazis will declare victory and once the Central Valley of Kalifornia is declared an extension of Death Valley and every migratory bird on the continent is dead by windmill, they’ll insist that we all freeze to death as a result of next winter’s Global Warming.

What part is unconstitutional? Again a single person can simply declare something unconstitutional? This is the same delay tactic that foreign and domestic always use. No different than Iraq, Iran, N.Korea, Obama, etc.

The No. 2 rail company, which Warren Buffett bought in 2010, is now transporting about 650,000 barrels of crude per day.Big time democrat donor making a killing on “dirty”oil.Obama and the dems are using the environuts as useful idiots for cover.They could care less about the environment.

Why is it that Republicans seem to be so bad at handicapping when it comes to judges? Gov Heineman himself appointed Judge Stephanie Stacy to this District Court. She must be a judge after Chief Justice Roberts’ own heart.

Everyone should remember, elections have consequences. Every time you elect a liberal, they appoint activist judges, like this one. Every time you elect a liberal they appoint judges like Elena Kagen who are willing to turn the Constitution upside down to move liberalism forward.

If we keep electing these liberals, we won’t have any rights or a constitution for much longer.

Everyone should remember, elections have consequences. Every time you elect a liberal, they appoint activist judges, like this one. Every time you elect a liberal they appoint judges like Elena Kagen who are willing to turn the Constitution upside down to move liberalism forward.

If we keep electing these liberals, we won’t have any rights or a constitution for much longer.

bflat879 on February 19, 2014 at 7:53 PM

Except Gov. Dave Heineman, a very good man and ultra conservative appointed this judge…

Stephanie Stacy is only one of 8 judges of the Third District court, which is one of 12 districts in the judicial system of the State of Nebraska, which has jurisdiction over only one county. Nebraska also has Courts of Appeals and a Supreme Court, which could overrule Judge Stacy’s decision.

According to the above link, Stephanie Stacy does not even appear on the list of District Judges in the state of Nebraska, so she is probably a new appointee.

If the Keystone XL pipeline route would not pass through Lancaster County, she would not have ANY authority to rule on the fate of the pipeline.

This is a supreme arrogance of power by one out of 8 judges in one out of 12 District Courts (there are a total of 63 judges in all 12 districts in the state) in one out of three states (MT, SD, and NE) through which the pipeline would pass. How dare she try to overrule both the elected Nebraska Legislature and the elected Governor?

This case needs to be taken to the Nebraska Court of Appeals ASAP, and Stephanie Stacy needs to be taken to the woodshed.

lets put this in perspective, the governor of the state is comparable to the president of the us, the legislature if comparable to the congress, the legislature writes laws that give authority to the different state agencies, in this case the legislature gave the governor the authority, the judge did not have the authority to change it.

The Nebraska Public Service Commission is the key. Are they a state run agency? If so why wouldn’t the governor have the final say there? Also can they bring the already finished study to the table? On a last note that judge should be investigated by the state of Nebraska, not the Feds.

The judge said regulatory control over pipeline companies rests with the Nebraska Public Service Commission.

OK, and on what basis is that regulatory control? Is it mentioned in the Nebraska Consitution? If not, then it’s merely a law that was superseded when the legislature passed a new law! There’s not a constitutional question at all! As a matter of fact, I think the US Congress would have the authority to remove this judge (if the state found it couldn’t) on the basis of the Article 4, Section 4 of the US Constitution.

I expect Canada & China to announce a deal to build a pipeline to the British Columbia coast within 30 days.

MichaelGabriel on February 19, 2014 at 7:20 PM

Maybe no. I just read something in the past couple of days saying that Harper has simply decided to outwait Ogabe. Harper believes in Keystone so much, he’s willing to sit on his hands until Ogabe and Mooch ride off into the sunset.